Charter of Rights and Freedoms on Safe Streets Act CASE:

Fair Change v. Ontario (Attorney General) 2024 ONSC 1895:-------

Charter of Rights and Freedoms — Cruel and unusual treatment or punishment — Section of Safe Streets Act providing for fine or imprisonment for soliciting in aggressive manner not constituting cruel and unusual treatment or punishment — Canadian Charter of Rights and Freedoms, s. 12.

Charter of Rights and Freedoms — Equality rights — Sections of Safe Streets Act prohibiting soliciting in aggressive manner not creating or contributing to disproportionate impact on claimant groups and thus not infringing equality rights — Canadian Charter of Rights and Freedoms, s. 15.

Charter of Rights and Freedoms — Freedom of expression — Sections of Safe Streets Act prohibiting soliciting in aggressive manner struck as limiting freedom of expression — Exception was provision deeming solicitation accompanied by threats to be soliciting in aggressive manner — Other deeming provisions and prohibitions on certain activities in certain places not minimally impairing — Canadian Charter of Rights and Freedoms, ss. 1, 2(b).

Charter of Rights and Freedoms — Presumption of innocence — Sections of Safe Streets Act prohibiting soliciting in aggressive manner struck as infringing presumption of innocence — Exception was provision deeming solicitation accompanied by threats to be soliciting in aggressive manner — Other deeming provisions did not meet test that proof of activity led inexorably to proof that solicitation was aggressive — Violation of s. 11(d) rights meant that s. 7 rights also infringed — Canadian Charter of Rights and Freedoms, ss. 1, 7, 11(d).

Charter of Rights and Freedoms — Standing — Not-for-profit corporation granted public interest standing to challenge constitutional validity of portions of Safe Streets Act prohibiting soliciting in aggressive manner — Constitutional litigation best advanced by individuals subject to challenged provisions but applicant had genuine interest and respondent did not oppose standing.